REV05982

• Permit No: C1981013
• IBM Index Class Name: Revision
• Doc Date: 1/21/1994
• Doc Name: MEMO RIGHT OF SUCCESSIVE RENEWAL/CONTINUATION OF OPERATIONS
• Type & Sequence: RN2
• Media Type: D
• Archive: No

~.FROM:natural
Mike Long
Page 4
TO:DMG
JRN 21. 1994 5:30PM #174 P.05
MLRB meeting, Baain has already petitioned the MLRB for a Formal
hearing and requested temporary relief under Rule 2.07.4(3)(4) to
allow it to continue mining operations pending a flnal decision
by the MLRB on ire renewal application. This Rule provides:
(d) When a formal hearing is requested,
the Board may grant such relief as it deems
appropriate pending final determination of
the proceedings if:
(i) All parties to the proceedings have
been notified and given an opportunity to
be heard on a request for temporary relief;
(ii) The pereop requesting such relief
shows that there is Substantial likelihood
that he will prevail on the merits in the
final determination of the proceeding:
(iii) Such relief shall not adversely af-
fect the public health or safety or cause
significant environmental harm to land, air
or water resources; and
(iv) The relief sought is not the issuance
of a permit where a permit has been denied,
in whole or in part by the Division.
Under this provision of the Rules, the MLRB can grant such a
request if the above four conditions are met. Because no other
person has Yet indicated that it has an interest that may be af-
fected by the renewal application, the only current parties to
the renewal permit process are Baain and the Division. eaein has
notified the Division and so complies with the first condition oP
Rule 2.07.4(3)(d).
Though the notice provisions of the Colorado Administrative
Procedures Act, Section 24-4-105(a), C.R.S., require that notice
to any party be given thirty days prior to any hearing, the only
current parties to the renewal applications are Basin and the Di-
vision. If the Division waives the notice requirements of
Section 24-4-105(a), the MLRS may proceed to hear Hasin'e request
for temporary relief at the January 1994 MLRB meeting. Any for-